South Africa: Litigation, Mediation & Arbitration

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

Inadmissible Evidence Does Not Become Admissible Simply Because It Is The Best Evidence Available

The Western Cape High Court recently delivered a judgment in a default judgment application that stems from a defamation matter instituted by Rosemary Ryan ("Ms Ryan") against the Hyatt Regency Cape Town hotel...

South Africa Litigation

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ENS

A Party Relying On Compromise Bears The Onus Of Proof

In FirstRand Bank Limited ("FNB") v Lourina Wilson NO and Another, the South African Supreme Court of Appeal ("SCA") clarified the requirements for when a valid offer of compromise is made and accepted.

South Africa Litigation

E

ENS

The Manner In Which A Decision Is Taken To The SCA For Reconsideration And Variation

Section 17(2)(f) of the South African Superior Courts Act, 2013 ("the Act") deals with reconsiderations and variations of the Supreme Court of Appeal ("SCA").

South Africa Litigation

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ENS

Resolving Arbitration Related Disputes In The Public Interest - New Directive Accelerates Resolution Of Arbitration Disputes

For too long, disputes which are subject to an arbitration clause have added to the growing burden on the courts. These range from challenges against an agreement to arbitrate...

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

Curbing Vexatious And Abusive Legal Proceedings

South Africa Litigation

E

ENS

Turning An Arbitration Award Into A Court Order In South Africa

South Africa Litigation

BI

Barnard Inc.

Arbitration As An Alternative Dispute Resolution Mechanism In South Africa

South Africa Litigation

BI

Barnard Inc.

Triggering The Exclusion: How A Firearms Clause Shielded An Insurer From Liability

South Africa Litigation

AA

Adams & Adams

Amendments To The High Court And Magistrates Court Rules

South Africa Litigation

E

ENS

Class Actions Radar: South Africa

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

Employer Immunity Is Not Absolute: What This Means For Employment Practices Policies

South Africa Litigation

AA

Adams & Adams

WhatsApp In Court: When Your Chats Become Your Best (Or Worst) Evidence

South Africa Litigation

FW

Fairbridges Wertheim Becker

Uganda Court Of Appeal Confirms Restriction On Arbitration Appeals, Post-award Relief Remains Unclear

South Africa Litigation

E

ENS

A Party Absent From Taxation Cannot Seek To Review The Taxation Master's Decisions

South Africa Litigation

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ENS

FSCA Unveils OMNI-Risk Return: A New Era For Risk

South Africa Finance

E

ENS

AI In Legal Practice: Opportunities And Risks For Linguistic Inclusion

South Africa Technology

E

ENS

Taking Off The Shine: Uganda's Education Body Demotes Top Degrees From Kenya And United Kingdom

Worldwide Consumer

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ENS

Why SEP Holders Should Litigate In Africa

R

Rouse

Curbing Vexatious And Abusive Legal Proceedings

South Africa Litigation

E

ENS

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Disclosure & Electronic Discovery & Privilege

Video Evidence Seals The Deal: High Court Enforces Suretyships

In a recent judgment delivered by the Gauteng Division of the High Court, the Plaintiff, a major financial institution, sought a monetary judgment against the Defendants...

South Africa Litigation

AA

Adams & Adams

Balancing Disclosure In South African Courts: Rule 53; Rule 35; And Judicial Discretion

In South African law, the disclosure of documents is regulated by two distinct provisions: Rule 53 and Rule 35 of the Uniform Rules of Court.

South Africa Litigation

FW

Fairbridges Wertheim Becker

Uncover The Truth With EDiscovery: Safeguarding Your Organisation From Internal Fraud Beyond Litigation

eDiscovery refers to the role of teams that specialise in providing support to various internal corporate functions, particularly legal, risk and compliance, to manage evidentiary obligations...

South Africa Litigation

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ENS

Pre-Litigation Discovery

South Africa Litigation

F

Fasken

South Africa Legal Privilege Meets Journalistic Freedom Of Expression

South Africa Litigation

HS

Herbert Smith Freehills Kramer LLP

e-Discovery And What It Means For Legal Practitioners In SA

South Africa Litigation

SI

SchoemanLaw Inc.

Anton Piller Orders: Preserving Evidence On An Urgent Basis

South Africa Litigation

Tf

Tabacks

International Arbitration Comparative Guide

South Africa Litigation

HS

Herbert Smith Freehills Kramer LLP

Discovery – Who Calls The Shots

South Africa Litigation

Vd

Vasco de Oliveira Inc.

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Arbitration & Dispute Resolution

A Party Relying On Compromise Bears The Onus Of Proof

In FirstRand Bank Limited ("FNB") v Lourina Wilson NO and Another, the South African Supreme Court of Appeal ("SCA") clarified the requirements for when a valid offer of compromise is made and accepted.

South Africa Litigation

E

ENS

Resolving Arbitration Related Disputes In The Public Interest - New Directive Accelerates Resolution Of Arbitration Disputes

For too long, disputes which are subject to an arbitration clause have added to the growing burden on the courts. These range from challenges against an agreement to arbitrate...

South Africa Litigation

KL

Herbert Smith Freehills Kramer LLP

Curbing Vexatious And Abusive Legal Proceedings

In a judgment delivered recently in the matter of The Standard Bank of South Africa Limited ("Standard Bank") & Another v Advertising Digital Services (Pty) Limited ("ADS") & Another, the Pretoria High Court granted...

South Africa Litigation

E

ENS

Turning An Arbitration Award Into A Court Order In South Africa

South Africa Litigation

BI

Barnard Inc.

Arbitration As An Alternative Dispute Resolution Mechanism In South Africa

South Africa Litigation

BI

Barnard Inc.

Supply Chain Disruptions: Tailoring The Force Majeure Clause To Agricultural Realities

South Africa Commercial

WW

Webber Wentzel

Uganda Court Of Appeal Confirms Restriction On Arbitration Appeals, Post-award Relief Remains Unclear

South Africa Litigation

E

ENS

Clawed Back: What The Sundowns vs Mosimane Case Means For IP Contracts

South Africa IP

E

ENS

Settlement Secrets For CEO's

South Africa Litigation

BI

Barnard Inc.

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Court Procedure

What Litigators Do All Day

Most people experience litigation in two ways: the jolt of the initial demand and the bill that follows a month later. In between, the matter can feel like a sealed container – documents...

South Africa Litigation

BI

Barnard Inc.

The Admissibility Of Video Evidence In Motion Proceedings

In FirstRand Bank Ltd v Ayob and Another, the Gauteng Division of the High Court of South Africa in Pretoria had to consider whether video footage may be admissible as evidence in motion proceedings.

South Africa Litigation

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ENS

Changes To The Enrolment Procedure And Related Aspects Of The Opposed Motion Court In Johannesburg

The time to secure dates for opposed motions has grown from 12 weeks to nine calendar months from the time a request for a date is filed.

South Africa Litigation

E

ENS

Joinder Of Third Party In Slip And Fall Case: A Legal Analysis

South Africa Litigation

AA

Adams & Adams

Application To Strike Out, Struck Out!

South Africa Litigation

FW

Fairbridges Wertheim Becker

Wescoal Judgment On Post-Commencement Creditors – How The Appeal Proceedings Affect Its Enforceability.

South Africa Litigation

BI

Barnard Inc.

The 180-Day Period In PAJA

South Africa Litigation

E

ENS

The Revival Of An Agreement That Lapsed For The Failure To Fulfil Conditions Precedents

South Africa Litigation

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ENS

Balancing Fairness And Justice In Unlawful Administrative Action

South Africa Litigation

F

Fasken

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Trials & Appeals & Compensation

Inadmissible Evidence Does Not Become Admissible Simply Because It Is The Best Evidence Available

The Western Cape High Court recently delivered a judgment in a default judgment application that stems from a defamation matter instituted by Rosemary Ryan ("Ms Ryan") against the Hyatt Regency Cape Town hotel...

South Africa Litigation

E

ENS

Can ICASA Condone The Late Submission Of A Notice To Renew A Broadcasting Licence?

In Independent Communications Authority of South Africa ("ICASA") and Others v Open Heaven Community Radio ("Open Heaven") and Others, the South African Supreme Court of Appeal ("SCA")...

South Africa Media & IT

E

ENS

A Party Relying On Compromise Bears The Onus Of Proof

In FirstRand Bank Limited ("FNB") v Lourina Wilson NO and Another, the South African Supreme Court of Appeal ("SCA") clarified the requirements for when a valid offer of compromise is made and accepted.

South Africa Litigation

E

ENS

The Manner In Which A Decision Is Taken To The SCA For Reconsideration And Variation

South Africa Litigation

E

ENS

Are On-the-road Fees Permissible As Charges In Credit Agreements?

South Africa Finance

E

ENS

Curbing Vexatious And Abusive Legal Proceedings

South Africa Litigation

E

ENS

Triggering The Exclusion: How A Firearms Clause Shielded An Insurer From Liability

South Africa Litigation

AA

Adams & Adams

Amendments To The High Court And Magistrates Court Rules

South Africa Litigation

E

ENS

Breaking Borders To Combat Financial Misconduct

South Africa Finance

E

ENS

See more

Latest Videos

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Young AFSA Webinar – Session 3 (Video)

Deale Attorneys

The CBN Naira Redesign And The Supreme Court Ruling; What You Should Know. (Video)

TT

The Trusted Advisors

ZC

Zenas Chambers, ChimwaMurombe Legal Practice

State Capture Inquiry | Director Of ENS Forensics Steven Powell To Testify | 3 (Video)

E

ENS

Dispute Resolution (Video)

SI

SchoemanLaw Inc.

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